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New Jersey
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March 11, 2024
IRobot Misled Investors On Failed Amazon Merger, Suit Claims
Roomba vacuum maker iRobot Corp. has been hit with a proposed class action from an investor alleging it misled shareholders about its now-canceled merger with Amazon, saying iRobot had downplayed the significant risk that the merger would not secure regulatory approval in the U.S. and Europe.
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March 11, 2024
Ogletree Brings On Genova Burns Privacy, Cyber Leader In NJ
Management-side employment law powerhouse Ogletree Deakins Nash Smoak & Stewart PC has added a former Genova Burns LLC partner of nearly nine years and with expertise in cybersecurity as a partner in Morristown, New Jersey, the firm announced Monday.
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March 11, 2024
Philly DA Can't Escape Sanctions Over Lack Of Candor
A Third Circuit panel has ruled that Philadelphia's district attorney, Larry Krasner, must apologize to the family of two 1984 murder victims after his office was less than forthcoming in proceedings over post-conviction relief sought by one of the killers.
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March 11, 2024
Menendez Must Face May 6 Trial Despite Likely Appeal
A Manhattan federal judge on Monday refused to push back U.S. Sen. Robert Menendez's May 6 corruption trial after the New Jersey Democrat and his wife pled not guilty to newly added obstruction of justice charges.
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March 11, 2024
NJ Integrity Office Chief Passing Torch To AG Counsel
After five years as the first executive director of the New Jersey Office of Public Integrity and Accountability, Thomas J. Eicher will retire having guided the office through major police reforms and overseen high-profile investigations of fatal police encounters and public corruption, the state attorney general announced Monday.
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March 11, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery became a hot topic in New Orleans last week as litigators and judges at an annual convention acknowledged the First State's corporate law preeminence is under scrutiny. Back home, the court moved ahead on disputes involving Meta Platforms, Abercrombie & Fitch and Donald Trump.
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March 11, 2024
Choice Hotels Abandons Wyndham Hostile Takeover Attempt
After a monthslong hostile takeover attempt, Choice Hotels International Inc. on Monday announced its decision to withdraw its slate of nominees for election to Wyndham Hotels & Resorts' board of directors following the expiration of its exchange offer.
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March 08, 2024
NJ Firm Resolves Former Atty's Gender, Race Bias Suit
Brach Eichler LLC told a New Jersey federal court Friday it had agreed to end a Hispanic former attorney's lawsuit alleging she was treated worse than white male colleagues and targeted for a layoff under the guise of financial difficulties.
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March 08, 2024
Ex-NJ Transit Exec Says Fears Over $2B Project Led To Firing
NJ Transit's ex-chief of construction management, who was overseeing the largest project in the agency's history, claims that his 2023 firing was retaliation for raising concerns about what he called design defects in the $2.3 billion endeavor to replace the aging Portal Bridge over the Hackensack River.
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March 08, 2024
Debt-Stricken Homeowners Fight Back After High Court Ruling
Ten months after a landmark U.S. Supreme Court decision finding a Minnesota county wrongly held onto excess proceeds it reaped after seizing a woman’s condominium and selling it to settle a tax debt, states are scrambling to reexamine their laws as financially distressed homeowners file new suits challenging the practice.
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March 08, 2024
School Can't Halt Basketball Championship Over Disputed Call
A New Jersey appellate panel on Friday denied a local school board's emergency request to halt a high school championship basketball on Saturday, holding that the state's interscholastic athletic association's regulations do not allow for the appeal of a game official's call.
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March 08, 2024
NJ Residents Can Intervene in Verizon Cell Tower Suit
A federal judge is giving Belmar, New Jersey, residents the green light to intervene on the side of Monmouth County as it defends against a Verizon suit over blocked small cell towers.
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March 08, 2024
BowFlex OK'd For April Auction, $37.5M Stalking Horse Bid
Fitness equipment maker BowFlex Inc. received a New Jersey bankruptcy judge's approval Friday to sell its U.S. and Canada businesses at an auction next month, setting it up to repay its debtor-in-possession loan and draw up a Chapter 11 liquidation plan.
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March 08, 2024
Longtime Cannabis Atty From Bressler Joins Fox Rothschild
Fox Rothschild LLP announced that an experienced cannabis and financial services attorney who spent nearly two decades with Bressler Amery & Ross PC has moved to the firm's litigation practice as a partner in Morristown, New Jersey.
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March 07, 2024
'Hatchet Wielding' Killer Has No Part In Netflix Suit, Court Told
A Kentucky man who accused Netflix of wrongfully using his image in a true-crime documentary titled "The Hatchet Wielding Hitchhiker" has asked a Texas federal judge to keep the real hatchet-wielding hitchhiker out of his lawsuit, saying the convicted murderer has nothing to do with his litigation against the streaming giant.
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March 07, 2024
Judge Doubts Medicare Drug Pricing Amounts To 'Taking'
A New Jersey federal judge on Thursday bristled at the position by pharmaceutical companies that Medicare's drug price negotiation program is an unconstitutional "taking" that undercuts their bottom line, suggesting that the drug powerhouses needed more numbers to back their argument.
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March 07, 2024
Marijuana Store Retaliated After Complaint, Ex-Worker Says
An Atlantic City, New Jersey, marijuana dispensary fired one of its employees after she requested that "loud music" being played in the shop be turned down because it triggered her post-traumatic stress, paranoia and anxiety, the ex-worker says in a discrimination lawsuit filed in New Jersey state court.
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March 07, 2024
Harpoon Shareholder Sues For Records On $680M Merck Buy
A shareholder of Harpoon Therapeutics Inc. sued in Delaware's Court of Chancery Thursday for corporate documents related to the company's proposed $680 million cash buyout by Merck, saying the proposed deal appears to unfairly "lock in a windfall for select Harpoon investors."
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March 07, 2024
Ex-NJ Law Firm Exec Drops Bid For Docs In Retaliation Suit
A former McElroy Deutsch Mulvaney & Carpenter LLP executive accused of stealing from the firm has withdrawn a motion filed in New Jersey state court demanding evidence supporting her gender discrimination suit after the firm blasted the request as "frivolous" and said she had already received the requested materials.
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March 07, 2024
MTA Says NJ Had Chances For Input On NY Congestion Pricing
The Metropolitan Transit Authority and the Triborough Bridge and Tunnel Authority are urging a New Jersey federal judge to rule in favor of New York's congestion pricing plan in a suit by the Garden State, calling the neighboring state's claim that it did not have enough opportunity for input on the plan "revisionist history" and accusing the Garden State of attacking the plan solely in the public arena.
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March 07, 2024
NJ Appeals Court Revives Sex Bias Suit Against Mortgage Co.
A trial court jumped the gun when it threw out a former mortgage company employee's lawsuit alleging she was subjected to sexist comments and then forced to quit, a New Jersey state appeals court ruled, concluding she had not waited too long to file her suit.
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March 07, 2024
7 NJ Attys Cleared By Senate Panel To Join State Bench
Attorneys with Calcagni & Kanefsky LLP, Kelly Kelly Marotta Tuchman LLC and Davis Saperstein & Salomon PC were among the seven nominees for New Jersey Superior Court seats advanced Thursday by the state Senate Judiciary Committee.
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March 06, 2024
Meta Must Tackle Increased Account Hijackings, 41 AGs Say
A bipartisan group of 41 attorneys general have urged Meta Platforms Inc. to tackle the "dramatic" increase in hackers taking over Facebook and Instagram accounts, saying the attacks have caused financial harm to victims and their families and friends.
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March 06, 2024
States Expand Privacy Law Patchwork As Shake-Up Looms
New Jersey and New Hampshire opened 2024 by passing privacy laws that take a largely familiar approach to protecting consumers' personal data, but promising proposals in Maine, Maryland and other states stemming in part from a failed federal effort signal that a new playbook may be on the way.
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March 06, 2024
Pa. Pharma Co. Cops To Adulterated-Drug Charges
A Pennsylvania generic drug manufacturer has pled guilty to federal charges that it sold adulterated drugs in the U.S. into interstate commerce and agreed to pay a $1.5 million penalty, the U.S. Department of Justice said Wednesday.
Expert Analysis
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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Less Cyber Coverage, More Compliance Risk For Cos.
Despite recent favorable court decisions recognizing cyber coverage under various policies, policyholders face a challenging road ahead due to insurers' new policy exclusions and regulators' new reporting requirements and increased penalties, say Luma Al-Shibib and Steven Pudell at Anderson Kill.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Tackling Long-Tail Legacy Liability Risk: A Defendant's Toolkit
Johnson & Johnson was recently rebuffed in its efforts to employ the "Texas Two-Step," which is likely to affect this increasingly popular method to isolate and spin off large asbestos and talc liabilities, but companies have multiple options to reduce long-tail legacy liability risk, says Stephen Hoke at Hoke LLC.
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Working From Home? Beware Insider Trading, Tipping Risks
The U.S. Securities and Exchange Commission has recently pursued traders who received material nonpublic information from loved ones while working from home, so those with work secrets should take extra precautions and inform family and friends of insider trading risks, say Dixie Johnson and Lauren Konczos at King & Spalding.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Md. Abuse Law Makes Past Liability Coverage Review Vital
Maryland is the first state to allow an indefinite lookback period for previously time-barred lawsuits by victims of child sexual abuse against public and private entities — and lawsuits brought under the new law likely will implicate coverage under insurance policies issued over the past 80 years or longer, say Michael Levine and Olivia Bushman at Hunton.
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EPA's Good Neighbor Ozone Plan: What Cos. Should Know
With the U.S. Environmental Protection Agency's recently issued Good Neighbor Rule set to restrict ozone-forming smokestack emissions from power plants and industrial facilities in 23 states, the time is now for companies to consider options available under the rule to mitigate costs and legal exposure, says John Watson at Spencer Fane.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Big Oil Certiorari Denial May Alter Climate Change Litigation
The U.S. Supreme Court's Monday decision not to review a handful of forum disputes in oil industry climate change litigation means that similar cases may face less corporate-friendly state courts, and insurers may see greater defense and damages exposures from Big Oil clients, say Dennis Anderson and Deepa Sutherland at Zelle.